Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-05-28
THE MURDER TRIAL
Now In Progress at New Martins
VILE.

places.
The question propounded by the State
concerning the calibre and character Of
guns in the neighborhood was for the pres
ent withdrawn.
Thomas Suter was the first witness call
ed in the morning. He testified as follows:
That he roomed at John Dopler's and took
his meals at James Renforth's, the father
in-law of John Newman; that he owned n
gun last summer which he got from his
brother George at Matamoras o.; that he
had it a week or ten days when John N.
Newman borrowed it (here the gun in evil
dence was shown and identified by
witness rs the same one that he
loaned Newmap.) He further testified
that he had loaned Newman the gun five
or six weeks before the time Jacob Baxter
WIS killed; that Newman got some car
tridges with the gun; that afterwards he
got box of cartridges ut Wheeling for
Newman; that Newman never talked TO
him about the gun before he got il from his
brother.
The .crOSs-eXamination of witness by
Col. Arnett, for defense, developed nothing
| new.
Frank Anderson was next called and tes-
| titled that he lived on the same ridge rs
Newman and Baxter; that he was at home
the night of the murder and that he was
in bed when some one called TO him that
Jacob Baxter was shot; that he got up and
went over and found Baxter lying dead on
his steps; that he was one of the first per.
sons there and stayed all nightat BaXter's;
that early next morning, about daylight,
he made an examination Of the prem.
ises and found gun print
and footprint at the foot of the apple tree
| from which Baxter WAS supposed to have
been shot; that the print was made with
about number six shoe; John NJ. New
mans foot was here shown witness, and
he said the print was made by shoe of
about his size; that they also found some
tracks below the smoke house, (which
stands on the side of house next Ia New
mans that she and John Palmer and F..
| b. I.itman followed the same track down
the hill along rail fence TO hollow and
| in the direction of NewmanS; that after
reaching the run at the foot of the hill the
track lett the path, went over rail fence
and then followed the drain n short dis
lance, leaving which the track went up
through some woods on the opposite side OF
run toward Newman s; that the track was
here lost; that they also found the same
track coming the other way; that they
| found mud on the fence in the run where
| l. a II, AZ, -,
the corner of the fence n short distance he
yOund the run next to Newman's, they
found several tracks, rs though some one
had been tracking around, and that per-
son standing could have good view Of
| BaXter's house; that between this point
and BaNter's house there was hickory
tree which would screen person from
| BaXter's house; that he saw the gun tIied
! in the print ut the foot of the tree and that
it fit; that the apple tree stood sixteen
steps from the door where Baxter was shot;
that the tree was straight mp TO the heghth
OF mans shoulder, where il fOrkcd; that
he sighted through the forks of the tree 10
the ballet hole in the weather boarding,
and that bullet would strike man of Bax-
ter's height standing on the steps just about
where the bullet entered BaXtcr's neck
| Here the same question was asked the wit
ness ~ was asked VIM. Price yesterday
evening, concerning other guns in the
neighbOrhOOd, and was objected to Ivy the
defense. The Court retired the jury dur
ing the argument of counsel on the al
INSTABILITY OF this evidence. Captain
! DoVcner took the position that the evidence
was material, and that the proof oi the
fact that there was no other gun in the
ncighbOThood like the one found in New
mans possession, and cited the famous
Dean case reported in 32 Grat, in which
evidence was admitted 10 show that there
WAS no gun in the neighborhoOd like the
| Francisco gun. Col. Arneit, for the de
| tenSe COntended that the evidence was en-
tireiy irrelevant. The Court sustained the
objection 80 far ~ il went 10 the form OF
the question, but held such evidence
would be proper if introduced in the same
manner a. in the Dean case.
The jury was recalled into court, when
an adjournment was taken until O'Clock.
The examination of Frank Anderson
was resumed npon the convening of Court
this afternoon. lie testified that he was
|
neighborhoOd and knew none of IA large a
bore or with stock the same shape a. the
one he saw that morning They were
either rifles or shot guns.
Upon cross Examination the witness de-
tailed the examination of tracks down
aud mp the hill, that the firt fnll sized
imprin; OF foot after leaving apple tree WAS
| lust below smoke house, next track five
or six steps away in the gApoi fence where
il went through and down the right hand
side of the fence down the bill; that did
not see any tracks 20 apple tree; the first
track coming toNard hOuse was at edge
Of ploughed ground down the hill
about two or three hundred yards;
that the ground was moist
and the full imprint Of the foot could he
seen; that he did not measure the length
of the track that there were distinct tracks
down the fence through the corn field and
below ploughed grouDd; that he saw the
gun tried In the impression, and that the
heel on top of the gun Gtin the imprint -
Abraham HOyt testified that he lived
across the hollow on the other side from
Jacob Blxter's that he heard the cries oi
distress aud the ringing Of the bell that he
called 10 know what was the maitT, and
Baxter's little boy said some one had shot
bis father; that be went over aud found
Jacob Baxter lying dead on his steps; that
he tnUk the ballet out Of the weather.
boarding. obliguely about Fix or eight feet tn
the west OF the door, where it had imbodded
itself in the board; that he extracted the
bullet from the board. The witness here
produced the bullet and il was offered IN
evidence
John W. Palmer was next called, and
testified that be lived on Proctor. about
two or three miles from SeWinan's; that
be got 10 Baxter's about eight or nine
O'Clock; that he passed John II. New
mans, who lived within Gfty yards Of the
public road, on bis way TO BaIter's and
saw no light there aud heard no stir. The
witness testified in substance about the
Same az Frank Anderson ~ 10 tracks mp
and down the hill, except that he saw
tracks gniRg from the apple tree 10 the
smoke house and SaW no tracks below the
smoke house, and the next place they
found the track was below the gap. He
said ne saw the gun tined In the imprint at
the f0ot Of the apple tree and that the toe